1. ) PEGAWAI PENYIASAT JENAYAH KORPORAT/KEWANGAN INSP JEINTHAN ANNANTHAKRISHNAN 2. ) Kerajaan Malaysia v ANANTHAGOPI A/L ALAGUGANESAN

n-01ncvcw-131-03-2023 Court of Appeal (Mahkamah Rayuan) 28 August 2025 • N-01(NCvC)(W)-131-03/2023 • 29 min read
15 cases cited (0 SG, 15 foreign)

Catchwords

This appeal concerned the unlawful arrest and detention of an Indian national during a police raid. Although accused of overstaying, an official circular permitted his continued stay in Malaysia due to the MCO. The High Court held that he was not informed of the grounds of arrest, denied the chance to show his passport, and unlawfully detained, awarding damages. The Court of Appeal dismissed the appeal, holding that the High Court’s findings were properly supported by evidence and law, and that the Immigration Act justification was an afterthought, thereby affirming liability and damages.

Practice Areas

This appeal concerned the unlawful arrest and detention of an Indian national during a police raid. Although accused of overstaying, an official circular permitted his continued stay in Malaysia due to the MCO. The High Court held that he was not informed of the grounds of arrest, denied the chance to show his passport, and unlawfully detained, awarding damages. The Court of Appeal dismissed the appeal, holding that the High Court’s findings were properly supported by evidence and law, and that the Immigration Act justification was an afterthought, thereby affirming liability and damages.

Judges (3)

Alwi bin Abdul Wahab Coram Lim Chong Fong Delivered Supang Lian Coram

Counsel (2)

Karthig Shan Firm Karthig Shan Counsel Respondent

Parties (3)

Kerajaan Malaysia Appellant PEGAWAI PENYIASAT JENAYAH KORPORAT/KEWANGAN INSP JEINTHAN ANNANTHAKRISHNAN Appellant Ananthagopi a/l Alaguganesan Respondent

Case Significance

1. ) PEGAWAI PENYIASAT JENAYAH KORPORAT/KEWANGAN INSP JEINTHAN ANNANTHAKRISHN... is a Court of Appeal (Mahkamah Rayuan) decision dated August 28, 2025 (citation: n-01ncvcw-131-03-2023). <p>Appeal concerning the unlawful arrest and detention of an Indian national during a police raid in Negeri Sembilan. The respondent was arrested during a temple statue investigation, charged with overstaying despite a valid immigration circular permitting his stay during the MCO, and detained for 31 days. The Court of Appeal dismissed the appeal, affirming the High Court's finding of wrongful arrest and detention with restitutive and exemplary damages.</p> The panel comprised Alwi bin Abdul Wahab, Lim Chong Fong and Supang Lian, with Lim Chong Fong delivering the judgment. Counsel appearing: Karthig Shan (counsel for respondent).

Summary

Appeal concerning the unlawful arrest and detention of an Indian national during a police raid in Negeri Sembilan. The respondent was arrested during a temple statue investigation, charged with overstaying despite a valid immigration circular permitting his stay during the MCO, and detained for 31 days. The Court of Appeal dismissed the appeal, affirming the High Court's finding of wrongful arrest and detention with restitutive and exemplary damages.

What was the outcome of 1. ) PEGAWAI PENYIASAT JENAYAH KORPORAT/KEWANGAN INSP JEINTHAN ANNANTHAKRISHN...?

<p>Appeal concerning the unlawful arrest and detention of an Indian national during a police raid in Negeri Sembilan. The respondent was arrested duri...

Statutes Cited

Criminal Procedure Code (Cap 593)
Federal Constitution
Penal Code (Cap 574)

Cases Cited (15)

UK (2)
[1971] 2 QB 354 [2014] 1 WLR 2600
MY (13)
[1964] MLJ 92 [1965] 2 MLJ 151 [1976] 1 MLJ 151 [1993] 1 MLJ 443 [2004] 4 CLJ 35 [2005] 1 MLJ 515 [2005] 4 CLJ 871 [2006] 1 MLJ 675 [2009] MLJU 1828 [2018] 1 MLJ 784 [2020] 1 MLJ 351 [2020] 10 CLJ 1 [2024] 10 CLJ 539